Felon Earl Nevils, aka Baby Frog, claimed to have passed out after a day of drinking on a couch in an abandoned apartment. When cops discovered him, he had one gun on his lap and another leaning on his leg.

He tried to convince the court that he couldn't be held accountable for the weapons, cause he was clearly unconscious.

Nevils is out of luck, though, as the 9th Circuit Court of Appeals ruled en banc affirmed an earlier conviction.

Judge Sandra Ikuta concluded in the opinion that "there is sufficient evidence to permit a rational juror to conclude beyond a reasonable doubt that Nevils knowingly possessed firearms and ammunition."

That's a quite a change from 2008, when the court's majority reversed Nevils' conviction of possessing firearms because there wasn't sufficient evidence to prove Nevils' he knew he was armed.